DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hexion Pty Ltd
(AG2016/5096)

HEXION (BRISBANE) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Hexion (Brisbane) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hexion (Brisbane) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hexion Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hexion Pty Ltd sought approval for the Hexion (Brisbane) Enterprise Agreement 2016. The agreement was proposed to govern the employment terms of certain employees of Hexion in Brisbane. The application came before the Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, whether it provided adequate protection for employee interests, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to examine the negotiation process, the terms of the agreement, and whether any provisions were contrary to the public interest or otherwise unlawful.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated and provided appropriate protections for the employees. The Commission concluded that the agreement was fair and balanced and did not contain any provisions that were contrary to the public interest. Consequently, the Commission approved the Hexion (Brisbane) Enterprise Agreement 2016, as it satisfied all legal requirements for such agreements. The decision confirmed the agreement's validity and allowed it to take effect from the specified commencement date.

Hexion Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established